One of the defining features of a modern legal system is that the authorities have an official and private self. This was not true of pre-mordern systems where the king, queen, sovereign, chief or Leviathan was above the law and not susceptible to its sanction. The question is now is the ANC ushering in a new pre-modern or what Karl Popper called a ‘tribal society’ where a class or political grouping operate outside the confines of their own legislated laws? Admittedly the Constitution Court seem capable of sanction but even this is done under huge pressures. Only the ANC can stop this march back towards a world where the legislature begins once again to impress legal segregation.
Photo: President Jacob Zuma and ANC secretary general Gwede Mantashe (L) toast the 102nd birthday of the ANC during the launch of the party’s election manifesto at the Mbombela Stadium in Nelspruit, Mpumalanga on Saturday, 11 January 2014. Picture: SAPA stringer